Stephen Sedley

Stephen Sedley is a former judge of the High Court and the Court of Appeal, and visiting professor at Oxford.

The states composing the Council of Europe, now 47 of them, have their own supreme court, the European Court of Human Rights, which – not unlike its US counterpart – has come under increasing fire for interfering unduly in member states’ affairs and trying to make one size of human rights compliance fit all. At a theoretical level there seems something wrong with this...

Construct or Construe: Living Originalism

Stephen Sedley, 30 August 2012

Living originalism? The heart sinks. Is this going to resemble a treatise on secular spirituality or tabloid ethics or some other well-meant oxymoron? To a degree, the despondency is justified. How can you breathe life into a text if its meaning remains what it was in 1787 or 1868? Jack Balkin, who holds one of America’s premier chairs of constitutional law, argues that you can. He is...

Malice! Malice! Thomas More’s Trial

Stephen Sedley, 5 April 2012

Beatification, which finally came to Thomas More in 1886, and canonisation, which had to wait until 1935, were only the icing on the commemorative cake. He had had, both during his life and since, a deserved measure of admiration as a scholar, a lawyer, a writer and a politician; for there is much in Robert Bolt’s adulatory A Man for All Seasons which reflects what we know of More. But...

Judicial Politics

Stephen Sedley, 23 February 2012

Although it is unusual, there is nothing novel about a member of the Bar being appointed directly to the UK’s highest court. When the highest court was the appellate committee of the House of Lords, appointments to it were occasionally made in this way, sometimes to good effect. Among the last, now more than half a century ago, were James Reid QC, a Scottish Tory MP who, as Lord Reid, became one of the best judges of the postwar years, and Cyril Radcliffe QC, a distinguished public servant and barrister.

Letter
David Elstein now seeks to justify the breach in Parliament of court orders on the ground that conscience may drive members to defy ‘injunctions based on a miscued Act’ (Letters, 28 July). He appears to believe the tabloid myth that the Human Rights Act and the Convention routinely protect privacy at the cost of freedom of expression. I would be interested to see a single privacy judgment...

At Sunday mass in my North London parish there was recently imposed a ‘New People’s Mass’. It came suddenly and without warning. One week, we were all enjoying versions of the...

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In a narrow pass

Derek Hirst, 19 November 1992

Stephen Sedley and Lawrence Kaplan seek to map a new course for the post-socialist Left, and to turn attention away from that beguiling but now exploded theme, egalitarianism. The long fixation...

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